Does Level 2 Autism Qualify for APD? What Florida's Rule Actually Says

The DSM level is not what the rule asks about

Rule 65G-4.014(1), F.A.C. does not contain the words level 1, level 2 or level 3. It defines autism for APD purposes as a condition which meets the requirements of Section 393.063, F.S. and which is:

• Pervasive — meaning always present and without interruption
• Neurologically based — not the result of physical impairment
• A developmental disability with onset during infancy or childhood
• Of extended duration — reasonably expected to continue indefinitely
• Causing severe learning disorders resulting in both severe communication disorders affecting verbal and nonverbal skills, and severe behavior disorders

That last one carries the part most families have never seen written down.

Six of twelve, and at least one has to be a behavior feature

Rule 65G-4.014(1)(e), F.A.C. says autism “is characterized by an individual evidencing at least six of the following twelve features from the following subparts 1 and 2, with at least one feature from subpart 2.”

The eight communication features are: a delay in, or total lack of, the development of spoken language not accompanied by an attempt to compensate through gesture or mime; stereotyped and repetitive use of language, or idiosyncratic language; for applicants with speech, marked impairment in the use of multiple nonverbal behaviors such as eye-to-eye gaze, facial expression, body postures and gestures to regulate social interaction; failure to develop peer relationships appropriate to developmental level; a lack of spontaneous seeking to share enjoyment, interests or achievements with other people; lack of social or emotional reciprocity; marked impairment in the ability to initiate or sustain a conversation in individuals with adequate speech; and impaired imaginative ability evidenced by a lack of varied, spontaneous make-believe play or social imitative play appropriate to developmental level.

The four behavior features are: encompassing preoccupation with one or more stereotyped and restricted patterns of interest, abnormal in intensity or focus; apparently inflexible adherence to specific, nonfunctional routines or rituals; stereotyped and repetitive motor mannerisms such as hand or finger flapping or twisting, or complex whole-body movements; and persistent preoccupation with parts of objects.

The statute adds two more conditions

Section 393.063(5), F.S. defines autism as a pervasive, neurologically based developmental disability of extended duration causing severe learning, communication and behavior disorders with age of onset during infancy or childhood. Section 393.063(11), F.S. then defines developmental disability as a disorder or syndrome that manifests before the age of 18 and constitutes a substantial handicap that can reasonably be expected to continue indefinitely.

Eligibility and waiver services are two different decisions

This is where most of the confusion sits. To be eligible for APD services, Rule 65G-4.015(1) through (3), F.A.C. requires three things:

• Be at least three years of age
• Be a resident of and domiciled in Florida under Sections 222.17(1) and (2), F.S.
• Have a confirmed diagnosis of one of eight developmental disabilities: autism, cerebral palsy, Down syndrome, intellectual disability, Phelan-McDermid syndrome, Prader-Willi syndrome, spina bifida, or Tatton-Brown-Rahman syndrome

Receiving waiver services is a second decision. Rule 65G-4.015(4), F.A.C. makes waiver services available only to people who meet 42 CFR 435.217(b)(1), and states that it is mandatory a determination be made that without waiver services the person would otherwise require the level of care furnished in a hospital, a nursing home, or an intermediate care facility for people with intellectual disabilities. That is conditioned on the preenrollment category as well.

So somebody can be found eligible and still not be receiving waiver services. They are not the same finding.

Children between 3 and 5

Rule 65G-4.015(3)(i), F.A.C. covers children aged 3 to 5 who are at high risk of a later diagnosis of one of the qualifying disabilities. The rule adds, in its own words, that such high-risk children “shall not be placed on a preenrollment category for waiver services until a confirmed diagnosis of a qualifying disability is given.” That is the rule behind being told to apply now and check back closer to age five.

Who is allowed to make the diagnosis

Rule 65G-4.017(1), F.A.C. is specific, and it is worth checking before paying for an evaluation. A diagnosis of autism may only be made by a Florida-licensed psychiatrist, a Florida-licensed psychologist, a board-certified pediatric neurologist qualified by training and experience to make a diagnosis of autism, or a board-certified developmental pediatrician — each with specific training and experience in making such a diagnosis. Collateral information from another state may be accepted if the evaluator is licensed under the same credentials Florida requires.

Make sure you are reading the current version

All three eligibility rules were amended effective 30 August 2026 — 65G-4.014, 65G-4.015 and 65G-4.017 each carry that date on the state rule index. The application form was replaced on the same day and is now Application for Services Form 65G-4.016A, Rev. 2026. A copy saved before that date is the previous version.